Driving after a DUI in West Virginia: the Alcohol & Drug Test and Lock Program (Interlock) restricted driver's license

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

West Virginia no longer has an administrative (at-arrest) license revocation for DUI. The WV DMV states that SB 130, passed in the 2020 Regular Legislative Session, eliminated the administrative license revocation (ALR) process under which the DMV acted independently of the criminal case; the former hearing statute, W. Va. Code § 17C-5A-2 ('Hearing; revocation; review'), is shown as 'Repealed' on the Legislature's site, and under § 17C-5A-1a the DMV revokes or suspends only on receipt of a court's judgment of conviction, order of conditional probation (§ 17C-5-2b deferral) or order finding a refusal (§ 17C-5-7a). The court-side deadlines stated in the statutes: a first offender must notify the court within 30 days of arrest of the intention to participate in a § 17C-5-2b deferral; a refusal review hearing must be requested within 30 days following the first court appearance or the court

“In the 2020 Regular Legislative Session, the WV Legislature passed SB 130 which changed the way driver license revocations for drug and alcohol impaired drivers were processed in West Virginia. Previously, West Virginia was an “administrative license revocation” (ALR) state”

Who can get it, and how soon

No general hardship, work or restricted license for a DUI revocation appears on the WV DMV or statute pages fetched; the only driving privilege during a first-offense DUI revocation is the DMV's Alcohol & Drug Test and Lock Program, whose restricted license limits the holder to vehicles equipped with an approved interlock. Under W. Va. Code § 17C-5A-3a(b)(1) a person revoked for the first time is eligible once the minimum revocation period has expired and the person is enrolled in or has completed the Safety and Treatment Program (or proves enrollment within 60 days of approval), and a first offender with a BAC of 0.15 or more must participate. DMV-308-SE requires no other revocations, an active DUI revocation on the record, no pending appeal of the revocation, ownership of the vehicle(s) or the owner's written approval, and age 18 or older. The court deferral under § 17C-5-2b (first off

“Any person whose license is revoked for the first time pursuant to this article or the provisions of §17C-5-1 et seq. of this code is eligible to participate in the program when the person’s minimum revocation period, as specified by subsection (c) of this section, has expired”

W. Va. Code § 17C-5A-3a(c) sets, for a first offense, a minimum revocation of 15 days followed by a minimum 125 days of interlock use for driving under the influence or with a BAC of 0.08 to under 0.15; 45 days followed by 270 days for a BAC of 0.15 or more; and 45 days followed by one year for a first refusal of the secondary chemical test (§ 17C-5-7a(e)(1) states the same 45 days plus one year). A first offender who elects the § 17C-5-2b court deferral serves 'a 15-day suspension' and then at least 165 days in the program. DMV-308-SE (Rev. 07/2023) states that a person approved before the scheduled revocation date has the revocation period added to the installation period (e.g. 15 days plus the device period), and otherwise the minimum revocation and installation periods in its chart apply (BAC under .15: 15 days / 125 days; BAC .15 or greater: 45 days / 270 days; implied consent: 45 d

“with a blood alcohol concentration of 0.08 percent, by weight, but less 0.15 percent, by weight, the minimum period of revocation for participation in the test and lock program is 15 days and the minimum period for the use of the ignition interlock device is 125 days”

Conditions attached to the privilege

Interlock: an approved ignition interlock and camera device in all vehicles owned or used by the participant, installed within six months of the application date, with monitoring visits every 30-60 days (DMV-308-SE). Safety and Treatment Program: enrollment or completion, or proof of enrollment within 60 days after beginning the program (§ 17C-5A-3a(b)(1); DMV-308-SE). Fee: a $100 non-refundable application processing fee mailed with the DMV application; § 17C-5A-3a(a)(2) also provides for a user's fee paid in advance, and § 17C-5A-3a(b)(2)(B) requires payment of all costs of the educational program, any administrative costs and costs of any suspension hearing; the general $50 reinstatement fee (§ 17B-3-9) is paid at reinstatement. Other DMV-308-SE conditions: no other revocations, an active DUI revocation on the driving record, not appealing the revocation administratively, in Circuit C

“In order to be eligible for the Alcohol & Drug Test and Lock Program, you must: 1. Not have any other revocations; 2. Have an active DUI revocation on your driving record; 3. Not be appealing the revocation administratively, in Circuit Court or in Supreme Court;”

Where and when it allows driving

The restricted license limits the holder to operating a motor vehicle equipped with an approved alcohol and drug test and lock system; no purpose, hour or geographic limits are stated. The device must be in all vehicles owned or used by the participant, and operating a vehicle not equipped with the device during participation is a misdemeanor punishable by one to six months in jail and a $100-$500 fine (W. Va. Code § 17C-5A-3a(k)).

“a driver’s license which shall reflect that the person is restricted to the operation of a motor vehicle which is equipped with an approved motor vehicle alcohol and drug test and lock system.”

How it is issued

The licensing agency issues the Alcohol & Drug Test and Lock Program (Interlock) restricted driver's license.

Official page: webapps.transportation.wv.gov

The statute: W. Va. Code § 17C-5A-3a

“the commissioner shall issue to the person, and the person is required to exhibit on demand, a driver’s license which shall reflect that the person is restricted to the operation of a motor vehicle which is equipped with an approved motor vehicle alcohol and drug test and lock system.”